ORGANIZATIONAL MEETING TO APPROVE COMMITTEE RULES

AND OVERSIGHT PLAN, APPROVE THE HOUSE PERIMETER SE-

CURITY PLAN, AND MAKE ANNOUNCEMENTS OF ACTIONS
TAKEN UNDER INTERIM AUTHORITY

ORGANIZATIONAL MEETING
BEFORE THE

COMMITTEE ON HOUSE
ADMINISTRATION
HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION

Hearing Held in Washington, DC, February 5, 2003

Printed for the Use of the Committee on House Administration

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 COMMITTEE ON HOUSE ADMINISTRATION
BOB NEY, Ohio, Chairman
VERNON J. EHLERS, Michigan JOHN B. LARSON, Connecticut
JOHN L. MICA, Florida Ranking Minority Member
JOHN LINDER, Georgia JUANITA MILLENDER-MCDONALD,
JOHN T. DOOLITTLE, California California
THOMAS M. REYNOLDS, New York ROBERT A. BRADY, Pennsylvania
PAUL VINOVICH, Staff Director
GEORGE SHEVLIN, Minority Staff Director

(II)

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 ORGANIZATIONAL MEETING TO APPROVE
COMMITTEE RULES AND OVERSIGHT PLAN,
APPROVE THE HOUSE PERIMETER SECU-
RITY PLAN, AND MAKE ANNOUNCEMENTS
OF ACTIONS TAKEN UNDER INTERIM AU-
THORITY

WEDNESDAY, FEBRUARY 5, 2003

HOUSE OF REPRESENTATIVES,
COMMITTEE ON HOUSE ADMINISTRATION,
Washington, DC.
The committee met, pursuant to call, at 7:05 p.m., in room 1310,
Longworth House Office Building, Hon. Robert W. Ney (chairman
of the committee) presiding.
Present: Representatives Ney, Ehlers, Linder, Doolittle, Larson,
Millender-McDonald and Brady.
Staff Present: Paul Vinovich, Staff Director; Jeff Janas, Profes-
sional Staff Member; Fred Hay, Counsel, Channing Nuss, Deputy
Staff Director; Bill Cable, Minority Staff Director; George Shevlin,
Administrative Assistant to Mr. Larson; and Matt Pinkus, Minority
Professional Staff Member.
The CHAIRMAN. Today the Committee on House Administration
will be holding its first meeting of the 108th Congress, and today
we will be adopting our committee rules and oversight plan for the
108th Congress as well as considering a motion for approval of the
House perimeter security plan, on which I understand now that all
Members have been briefed and had the opportunity to be briefed.
In addition, we will be voting to report a resolution favorably to the
House dismissing an election contest arising from the 6th Congres-
sional District of Tennessee.
Before I proceed, though, any further, I would like to take a mo-
ment to welcome all of our Members to the committee for this ses-
sion of Congress, particularly our new Democratic Members, in-
cluding our new Ranking Member, the gentleman from Connecticut
Mr. Larson, who has had great reviews by Senator Dodd, I will tell
you that, who we worked with, of course, last year. He and I have
already had the opportunity to discuss our expectations for, I think,
a productive Congress. We both look forward to working together
on many important issues.
In addition, I want to also welcome the gentlewoman from Cali-
fornia, Juanita Millender-McDonald, and also the gentleman for
Pennsylvania that borders Ohio, Robert Brady. We are excited to
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 2

have you on this committee and really look forward to a very pro-
ductive Congress.
And, of course, returning are Members Vice Chairman Vern
Ehlers. And Mr. Mica of Florida is here. And also reappointed is
John Linder of Georgia, John Doolittle from California, and Tom
Reynolds from New York.
So I am glad to be back, and I am sure you are glad to be back
also, and I look forward to working with all of you in the next few
years.
In addition to the campaign and election jurisdiction, which I am
sure we will be doing some work in the upcoming months, the pri-
mary responsibility of the committee on House Administration is to
make sure that the House runs smoothly so that Members can bet-
ter represent their constituents, and that allows for full constituent
service, which is what we all strive for. I also plan to continue the
work of the committee improving the tools and technology Members
have at their disposal, and we will look for ways the committee can
assist Members in the committees of the House to better serve the
people who elect us to this institution.
And in addition, as evidenced by the consideration of our perim-
eter security plan we will be undertaking shortly, let me emphasize
that the safety and security of all who serve, work, or visit this in-
stitution will remain the highest priority of the committee as we
continue to build upon many improvements we have made since
September 11th. This community had a large volume of work when
Steny Hoyer was here as a Ranking Member, and all the Members
of the committee worked together. It was a very difficult time, but
we always made sure that we were cautious but calm, and made
sure that we had security, we kept the peoples House open.
Again, I look forward to working with all the Members, and wel-
come our new Members and our new Ranking Member. And at this
point I will yield to the gentleman Mr. Larson.
Mr. LARSON. Thank you very much, Mr. Chairman. And may I
say from the outset what an honor it is to serve on this committee
and to succeed Steny Hoyer and the outstanding job that he did on
this committee. He is also an individual who has enormous respect
for the institution.
I am also pleasedit is a position that was also held by Sam
Gejdenson from my State of Connecticut as well as Senator Dodd
on the Senate side, who you mentioned before. So to say that I
come to the committee humbly and with a grounded sense for the
institution would be an understatement. And everything that I
have heard from my predecessor and anyone that has been associ-
ated with this committee only has laudatory remarks for your role
here as Chairman and what is a unique bipartisan opportunity to
assist the Members here and to help this institution grow.
I would also add that the professional staff that services this
committee on both sides of the aisle again receives enormous acco-
lades for the kind of diligent work that they perform on behalf of
this institution and its Members and staff.
I am honored to be joined by two distinguished Members who
have served the United States Congress well, Juanita Millender-
McDonald, the gentlelady from California, and Bob Brady, the gen-
tleman from Pennsylvania. And I think all of us are excited about

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 3

the prospect of working with you, Mr. Chairman, and with all of
our colleagues here on House Administration.
Leader Pelosi embraces the very themes that you have ad-
dressed, with the added emphasis on technological innovation,
membership-orientation, and a keen concern about diversity on our
committees. I know these are issues that everyone shares, and we
on this side of the aisle come to the committee with our sleeves
rolled up and prepared to work with you. Thank you.
The CHAIRMAN. Thank you.
Other Members. Mr. Ehlers.
Mr. EHLERS. Let me just comment. Mr. Chairman, I havent had
the opportunity to work with Mr. Brady yet, but I serve on commit-
tees with both Mr. Larson and Ms. Millender-McDonald. They are
both outstanding Members of both committees and also wonderful
people to work with. They are genuinely interested in doing what
is good for the House and for the people of this country, and it is
a pleasure to have them on this committee.
Ms. MILLENDER-MCDONALD. Now that Mr. Ehlers has spoken, I
suppose I will speak just briefly just to say I do look forward to
working with all of you. It is a great excitement to be a part of
such a committee and to work with my dear friend John Larson.
And so I thank you. I thank my dear friend Vern Ehlers, whom I
have had the opportunity of working with on many committees,
and I look forward to working with you, Mr. Chairman, as I hear
that you are an outstanding chairman. And so I look forward to
working with you on that.
The CHAIRMAN. Thank you.
Mr. Mica.
Mr. Doolittle.
Mr. DOOLITTLE. Welcome, everyone. Thank you, Mr. Chairman.
The CHAIRMAN. I am receiving my signal from my right here, my
immediate right. Before we proceed with the adoption of the com-
mittee rules and oversight, I want to, as a matter of old business,
notify the committee no action was taken under interim authority
requiring full committee approval. We will certainly bring all Mem-
bers, and particularly our new Members, up to speed on all matters
currently before the committee.
The Chair lays now before the committee resolutions adopting
the committee rules, the oversight plan for the 108th Congress. I
want to thank the Ranking Member and staff for working with the
Majority on these issues. Both of these items have been discussed
by the Minority and Majority, and with bipartisan cooperation, I
believe we have an agreement.
The committee rules as presented only contain one change from
the rules which governed the committee for the 107th Congress,
and that is to reflect a change made to the House rules and include
the rule which grants the chairman the authority to postpone or-
dered recorded votes on the approval of measures or matters before
the committee. It does not authorize the Chair to postpone any pro-
cedural votes, although it is unlikely this committee will need this
flexibility, frankly, but it is our determination that it would be in-
cluded if it would be necessary.
The committee oversight plan as presented contains revisions
proposed by both the Minority and Majority to reflect changes to

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 4

our oversight priorities, primarily to reflect the continued need to

focus on the security of the Capitol complex as a result of Sep-
tember the 11th of 2001, as well as changes to the section related
to our jurisdiction in the Federal election law which was neces-
sitated by our accomplishments last Congress with the passage of
the Bipartisan Campaign Reform Act and the Help America Vote
Act, which Congressman Hoyer was the main sponsor with me.
Is there any discussion on the resolution or the rules?
Mr. MICA. Move both the rules, Mr. Chairman.
The CHAIRMAN. Recognize Mr. Mica, who has made a motion to
move the rules. The question is on the motion. Those in favor of
the motion will say aye.
Those opposed will say nay.
And with that, hearing no objection, the rules will be adopted.
Mr. LARSON. Mr. Chairman, I would just add that as you have
suggested, that the Democratic staff is in complete concurrence
with the rules as they were reviewed and the interim report that
you referred to as well, And again, I thank you for the stellar work
that you have done and thank the staff as well.
the CHAIRMAN. Thank you.
The Chair now lays before the committee a committee resolution
approving the House perimeter security plan. I do want to publicly
thank the Sergeant at Arms Bill Livingood, the Architect of the
Capitol Alan Hantman, and the Chief of the Capitol Police Terry
Gainer and all of their staff who have worked so hard to brief this
committee on the plan before us and, more importantly, for all the
ongoing work they are continuing to do to help ensure the security
of this House. And I know I am speaking for the entire committee
when I express our sincere appreciation.
By voting to approve this plan, the committee is taking com-
prehensive action to provide a more secure perimeter for the House
campus, providing enhanced security for all who serve, work, or
visit here. While we will always live in a world of risk, this plan
represents concrete steps that will mitigate certain threats and
provide us with a level of protection not present today.
Make no mistake, however. Adoption of this plan only represents
only one of a series of steps which began at this committee months
ago towards greater physical security and ensuring the continuity
of operations for the institution. Now, because we are in a public
forum, in order to protect the security-sensitive nature of this mat-
ter, I will refrain from any further comments on the specifics of the
plan at this time.
I would note also aesthetically it is going to be easier to move
around the Capitol complex, and the great big round flower pots,
whenever you want to call them, will be a thing of the past soon.
Is there any discussion?
Mr. LARSON. Mr. Chairman, if I could just remark briefly that
again I appreciate and echo your sentiments with respect to the
amount of detail and work and effort that has gone into this pro-
posal, and thank you as well for assisting us in arranging a brief-
ing for myself and new Members of the committee this afternoon,
and are in complete agreement with the resolution.
The CHAIRMAN. Thank you, I appreciate the support.
Mr. Ehlers.

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 5

Mr. EHLERS. Mr. Chairman, I would like to raise an issue I

raised in the discussion when we were presented with the plan,
and I want to reinforce that. I have not heard back from the Archi-
tects office, and maybe it wasnt clear that I would like to have
heard more from them, but it bothers me greatly that the proposed
plan, instead of including the Botanic Gardens, deliberately goes
around the Botanic Gardens. The response at the presentation
when I asked about it, I was told this would cost $1 million more.
On reflection, that simply cant be, because it is not much greater
distance.
The importance of this is that the Botanic Gardens have no pro-
tection at this point. There are many events there at which Mem-
bers participate, and there are several events each year at which
there is a majority of the Members participating. There is no police
protection now.
I have been working on a bill and have been working with the
Senate on that because this issue came up. It is under the jurisdic-
tion of the Library Committee, which I chaired the last 2 years,
and we have a bill prepared to require the Capitol Police to provide
police protection during events there. But its is a very vulnerable
spot, and I really think that the Botanic Gardens should be in-
cluded within the House perimeter security plan.
I have a motion here to approve it, but I would like to propose
an amendment first that we approve the House perimeter security
plan, but ask that the Botanic Gardens be enclosed within the pe-
rimeter rather than excluded, and particularly at thatunless the
committees meets again and negates that suggestion.
The CHAIRMAN. I actually have had the same discussion, by the
way, about the Botanical Gardens.
The EHLERS. And I just dont believe the answer I got.
The CHAIRMAN. I just would like to ask if we could approve the
perimeter security, and then come back within a short period of
time to see if we could modify the contract. I dont know how that
all runs. Would that be acceptable?
Mr. EHLERS. Well, I dont want them to sign the contract first,
because then an add-on, as you know, is always more expensive
than including it in the original bid. Have they gone out for bids
at this point? I dont even see them here. Obviously they are not
that concerned about our action on this.
The CHAIRMAN. The only thing I can assure you, I guess is that
if the committee would support this at another time, they would
have to amend the plan, I am sure; they would have to come back
and amend if the committee would approve it.
The only hesitation I have is I want the perimeter security plan
to proceed. I just dont know how this, in fact, affects possibly hav-
ing to rebid. I mean, there might beI am not saying I disagree.
This might be a legal problem.
Mr. EHLERS. Have they gone out for bid?
The CHAIRMAN. Well, they also tell me technically it has to be
in writing because it is an amendment to the resolution. But be-
yond that, I dont want to get real technical. I am just saying I
dont know if, in fact, this would alter the contract. Does anyone
know about if it has gone to bid? I am informed possibly there
would have to be a new R F P issued because it wasnt in the origi-

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 6

nal. And again, the only hesitation I have is to stop the whole pe-
rimeter security at this point in time.
Mr. LARSON. Mr. Chairman.
The CHAIRMAN. Yes, sir.
Mr. LARSON. Whileand I certainly appreciate the spirit of the
amendment and the spirit in which the Chairman is trying to work
with the Member. And obviously, upon the staffs intervention that
this would be a violation of the rules, but perhaps, as you indi-
catedand clearly I speak for the Democratic side, this is some-
thing that we would be open to even if it means an added R F P.
While I concur with Mr. Ehlers that it probably will cost more, and
that is unfortunate, but the protection of the Botanical Gardens
and a possible security problem that that poses, I think, is equally
warranted, and clearly would like to work with the Members to try
to bring that about, understanding the problem with making sure
that we have a resolution adopted this evening that deals with the
immediate security so that the process can get under way.
The CHAIRMAN. Let me just restate. I again had raised this issue
myself at one point in time. The only hesitation I have is this is
ready to go, and if we would have to do a new R F P and it took,
you know, 30, 60, 90-some days. I think if the committee comes
back and takes a look at this, and the R F P goes as planned, and
we can come back and amend this and include it, then I believe
they could do it, and it wouldnt hold up the process.
Mr. EHLERS. Mr. Chairman, if, in fact, this has gone out for bids,
and bids have been received, I would consider that. I am not con-
vinced that has happened yet. There is no dollar amount given
here. It also says: Hereby approves the House perimeter security
plan attached hereto and incorporated herein. And that is also
notit is not attached hereto and not incorporated herein.
I dont want to be a big pain about this, but, frankly, the Archi-
tects office has not given us great cooperation on suggestions we
have made, and I am concerned about this going ahead and then
them coming back with a totally inflated figure of what it would
cost. And I just cant believe their off-the-cuff estimate to me was
correct. I could certainly write an amendment to the resolution in
one line, but I dont want to create a roadblock here
Mr. LINDER. Will the gentleman yield?
Mr. EHLERS [continuing]. But I want to make sure there is some
leverage here that we can listen to.
I will be pleased to yield to the gentleman from Georgia.
Mr. LINDER. I am curious to know how they would have moved
ahead with the R F P if they didnt have the approved resolution.
Mr. EHLERS. That is my question, too. And I am not sure that
they have actually gone out.
Mr. LINDER. Until we approve this resolution, they dont have the
authority to go out, do they?
Mr. EHLERS. They may have put out an R F P, but that is a dif-
ferent situation than going out for bids.
The CHAIRMAN. The only thing I really hesitate on this very
clearly is that if, in factand I didnt know this is coming. So if,
in fact
Mr. EHLERS. I am sorry.

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 7

The CHAIRMAN. That is okay. But if, in fact, we would do this,

and something would happen, and you know how the law is, and
they have to go through an entire process, it worries me that we
have stopped the perimeter security plan, which has been in the
works for quite a while and everybody has had the opportunity to
be briefed on. But I am not saying I am against what Mr. Ehlers
is trying to do; I just think that we move ahead with the perimeter
security, and we can come back and then amend it and get the esti-
mates. And I mean, frankly, I dont think it is a bad idea. It is just
the fact that I dont want to stop the perimeter security plan.
Mr. LARSON. Will the gentleman yield?
Typically, wouldntand again, I dont profess great knowledge
in this area, but particularly even if the R F P had been submitted
already, and if the committee instructed the Architect immediately
to seek a change order prior to them breaking ground, it seems
that they ought to be able to come back with an estimate in a rel-
atively short period of time that would incorporate not the inflated
costsand I agree with you there, Vern, but something that is
more in line with some of the balustrades that they showed us in
the schematics there. So it would seem that they might be able to
incorporate that.
The CHAIRMAN. Just let me reiterate. I think it is a good idea,
and I have questioned all along why we havent had it, but I still
dont want to stop the perimeter security plan at this point in time.
Mr. LINDER. Mr. Chairman, I move the committee resolution ap-
proving the House perimeter security plan be adopted.
The CHAIRMAN. It has been moved. Questions on theyes.
Ms. MILLENDER-MCDONALD. Mr. Chairman, can we not approve
this with a proviso that we return to look at the Botanical Gardens
security, and it can ride on that premise?
The CHAIRMAN. Absolutely. And I make a commitment that we
will come back and look at it.
We have a motion.
Mr. EHLERS. Soon, I hope.
The CHAIRMAN. Soon.
And the question is on the motion. Those in favor of the motion
will say aye.
Those opposed will say nay.
With one objection, and the motion is agreed to, and the com-
mittee resolution approving the House perimeter security plan is
adopted.
The next item on the agenda is the resolution dismissing an elec-
tion contest arising from the 6th Congressional District of Ten-
nessee. And the clerk will read the motion.
The CLERK. Resolved, that the election contest relating to the of-
fice of the Representative from the 6th Congressional District of
Tennessee is dismissed.
The CHAIRMAN. The Chair recognizes the gentleman from Con-
necticut Mr. Larson for the purpose of offering the motion.
Mr. LARSON. Thank you, Mr. Chairman.
Mr. Chairman, there has been a bipartisan agreement that the
election contest relating to the 6th Congressional District of Ten-
nessee is completely frivolous. It should be dismissed without con-
suming any additional time of the committee. And, therefore, Mr.

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 8

Chairman, I move that the committee report favorably to the

House an original resolution, the text of which is before the Mem-
bers, to dismiss the election contest in the 6th Congressional Dis-
trict of Tennessee.
The CHAIRMAN. The Chair agrees with the gentleman from Con-
necticut. Is there any questions or discussions on it? If not, the
question is on the motion. Those in favor of the motion will say
aye.
Those opposed, no.
Mr. Ehlers.
Mr. EHLERS. Mr. Chairman, first of all, I would just like to make
a comment.
The CHAIRMAN. You dont have an amendment to this, do you?
Mr. EHLERS. No. But I have another motion in a minute. But I
just want to commend you for this. You certainly dealt with this
one far more expeditiously than we dealt with the last contested
caseelection, which I chaired.
The CHAIRMAN. I was there with you.
Mr. EHLERS. and as some of you may remember, it took almost
2 years.
Mr. Chairman, I just wanted to point out, when we considered
the rules and the oversight plan earlier, the motion was made by
a Member who mentioned only the rules. Therefore, I move that
the oversight plan for the 108th Congress also be approved. We did
not officially approve that.
The CHAIRMAN. The motion is ondo you want to read your mo-
tion one more time?
Mr. EHLERS. Mr. Chairman, I move that the resolution on the
oversight plan for the 108th Congress be approved.
The CHAIRMAN. The question is on the motion. Those in favor of
the motion will say aye.
Those opposed, say nay.
And with that, the motion is agreed to.
I want to thank all the Members again for being here today and
helping us with the planning and preparation of this meeting. I
now ask unanimous consent that Members
Mr. DOOLITTLE. Mr. Chairman.
The CHAIRMAN. Yes, Mr. Doolittle.
Mr. DOOLITTLE. Did you actually announce the results of that
vote?
The CHAIRMAN. Im sorry?
Mr. DOOLITTLE. Did you actually announce the result of the vote
dismissing the election? Maybe you did. I didnt hear it.
The CHAIRMAN. It was unanimous on the dismissal. The motion
is agreed to, and the resolution dismissing the election contest will
be reported favorably to the House. And I ask unanimous consent
that members have 7 legislative days to submit material into the
Record for those statements, material be entered in the appropriate
place in the Record. Without objection. Hearing none, the material
will be so entered.
I ask unanimous consent that the staff be authorized to make
technical and conforming changes on all the matters considered by
the committee at todays meeting. Without objection? Noting no ob-
jection, so ordered.

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 9

Having completed our business for today, the committee is here-

by adjourned. I appreciate the time of the members.
[Whereupon, at 7:32 p.m., the committee was adjourned.]

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